1)DIVIDING A FIELD THAT BORDERS WATER
(a)Version #1 (Rashi): If there is a river on one side of a field, and an irrigation channel on an adjacent side, we divide the field (like illustrated in Rashi. Each brother gets four shares. The distance of each brother's land from the river and irrigation channel is the same.)
(b)Version #2 (Tosfos): If there is a river on two adjacent sides of a field, and an irrigation channel on the other two sides, we divide the field along the diagonal. (Each brother gets a field with one side on the river, and one side on the irrigation channel.)
2)GUD O AGUD
(a)(Mishnah): We do not divide a salon...
(b)Question: If there is not enough for each partner to get a proper share, what is the law?
(c)Answer #1 (Rav Yehudah): The law of 'Gud O Agud' applies (a partner can set a price, and say 'buy my share for this price, or I will buy your share for this price').
(d)Answer #2 (Rav Nachman): 'Gud O Agud' does not apply.
(e)Question (against Rav Nachman - Rava): If 'Gud O Agud' does not apply, if a firstborn and his brother inherit a slave or a Tamei animal, what is the law?
(f)Answer (Rav Nachman): The slave alternates. He serves the firstborn for two days, and his brother for one day.
(g)Question (against Rav Yehudah - Mishnah - Beis Hillel): A half-slave alternates. He serves his master for one day, and himself for one day;
1.Beis Shamai: That is good for the master, but not for the slave. He cannot marry!
2.He cannot marry a slave (since he is half-free). He cannot marry a Bas Yisrael (since he is a half-slave).
3.Suggestion: Perhaps he will not marry!
4.Rejection: The world was created for the sake of reproduction - "Lasheves Yetzarah"!
5.Rather, we force the master to free the slave. The slave writes a document obligating himself to pay the master half of his value.
6.Beis Hillel retracted, and agreed with Beis Shamai. (This was only to enable the slave to marry. Otherwise, the slave cannot force the master to set a price for the slave half to redeem himself!)
(h)Answer: A half slave is different. The owner cannot buy (the free half, for a half slave cannot become a full slave), therefore Gud O Agud does not apply
(i)Question (against Rav Yehudah - Mishnah): If Reuven is rich, and his brother Shimon is poor, and they inherited a bathhouse and an olivepress;
1.If normally they are rented out, they share the revenue;
2.If the father made them for his own use, Reuven can tell Shimon 'also we will also use them ourselves. Go buy slaves to heat it up, and go buy olives and press them!' (Shimon cannot. Reuven will use it himself; Shimon cannot tell Reuven to buy his share!)
(j)Answer: Also there, Gud O Agud does not apply because Shimon cannot (afford to) buy Reuven's share.
(k)Question (against Rav Nachman - Mishnah): The general rule is, we divide only if each will get a portion that keeps the original name. If not, we estimate its value (and Gud O Agud applies).
(l)Answer: Tana'im argue about whether or not we apply Gud O Agud.
1.(Beraisa): Levi may say 'take a proper share (that keeps its name), and I will take (the rest, even though it is) less than this;
2.R. Shimon ben Gamliel says, Yehudah can protest.
3.Question: What is the case?
i.If we understand the Beraisa like it is taught, what is R. Shimon's reason?!
4.Answer #1: Rather, the Beraisa is abbreviated. It means as follows: Levi may say 'take a proper share, and I will take less.' Also, Levi can say 'Gud O Agud';
5.R. Shimon ben Gamliel says, he cannot say 'Gud O Agud.'
(m)Rejection (and Answer #2 to Question 3): Really, the Beraisa means exactly like it says;
1.R. Shimon ben Gamliel says that Yehudah can protest 'I do not have the money to compensate you for the larger portion, nor do I want to take it as a gift - "v'Sonei Matanos Yichyeh"!'
(n)Abaye: Rav Yehudah holds like Shmuel!
1.(Mishnah): Regarding Seforim, even if both want to divide, they may not.
2.(Shmuel): This is only if the Seforim are bound together. If each is bound by itself, they divide.
i.If the law of Gud O Agud did not apply, even if they were not bound together, either could stop the other from dividing!
(o)Rejection (Rav Salman): Shmuel teaches that the Mishnah forbids dividing Seforim wrapped together even if both want to divide. (He did not address whether or not Gud O Agud applies when only one wants to divide.)
(p)(Ameimar): The Halachah is, we say Gud O Agud.
1.Rav Ashi: Rav Nachman argues!
2.Ameimar: I argue with Rav Nachman.
3.Question: Chinena left two slaves to his two sons. One knew how to cook, and the other knew to sew and weave. (One son told his brother "take one, and I will take the other.") Rava ruled that the law of Gud O Agud does not apply.
4.Answer: (Normally, Rava rules like Gud O Agud.) That case is different, because each of them needs both slaves. Saying 'take one' is not Gud O Agud. (Gud O Agud is to offer to buy the other's share in both, or sell his own share in both.)
5.Question: Regarding Seforim, both need both, yet Shmuel taught that if each Sefer is bound by itself, they divide!
6.Answer: Rav Salman said that this is when both want to divide. (The question of Gud O Agud is when only one wants to divide.)
(a)(Beraisa - R. Meir): One may bind Torah, the Nevi'im and Kesuvim together;
(b)R. Yehudah says, we bind Torah by itself, Nevi'im by themselves and Kesuvim by themselves.
(c)Chachamim say, each Sefer of the Nevi'im and Kesuvim is bound by itself.
(d)(Rav Yehudah): R. Elazar ben Azaryah authorized Baisus ben Zunin to bind the eight Seforim of the Nevi'im together (the 12 minor Nevi'im count like one Sefer);
1.Some say that each was bound by itself.
(e)Rebbi: Torah, Nevi'im and Kesuvim bound together were once brought in front of us, and we approved.
(f)Four blank lines separate between the Seforim of Torah, and also between different Nevi'im;
1.Three lines separate between the 12 minor Nevi'im.
2.If one Navi finishes at the bottom of a column, one may start the next at the top of the next column without leaving blank lines.
(g)(Beraisa): One may write Torah, Nevi'im and Kesuvim on the same parchment;
1.He leaves enough (blank parchment) at the beginning to wrap around a pole, and enough at the end to surround (the Sefer).
2.He ends one Sefer at the bottom and begins the next at the top. If he wants to cut them, he may.
3.Question: What does this mean? (Surely, it is better if they are separate!)
4.Answer: It is advisable to end each Sefer at the bottom and to begin the next at the top, so he will be able to cut them.